Manpreet Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) direct entry stream. The applicant, Manpreet Kaur, had her related position nomination refused. The Administrative Appeals Tribunal, constituted by Member Susan Trotter, was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 187 visa, particularly in relation to the nominated position. The Tribunal's consideration was confined to the specific issue that formed the basis of the delegate's adverse decision.

The Tribunal reasoned that the delegate's refusal was based on a misinterpretation of the relevant criteria. By applying clause 187.233(3) of Schedule 2 to the Migration Regulations 1994, the Tribunal determined that the first-named applicant did, in fact, meet the necessary criteria for the visa. The Tribunal's decision was to set aside the refusal and remit the application for reconsideration with a positive finding on this specific criterion.